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—–Original Message—–From: “Nicky johnson” Sent: Sunday, June 28, 2009 10:02amTo: [email protected]: RE: Regarding Your Question on FreeAdvice.com Here is the additional information that was needed:There was only a sentencing hearing where the victim and his family members were sworn in prior to their individual input. The defendant was advised by his lawyer to sincerely apologize to the victim and accept his fate. All testimony for the defendant was waived, as was the right to cross examine. Evidently, the lawyer (high powered as he was), felt the judge would give two years and then suspend most or all of it in lieu of probation. No one expected the victim to lie. (Immediately prior to this hearing, a legal victim advocate warned the family he would probably get a slap on the wrist. They quickly got their heads together.) Victim’s life returned to normal, (back to biker bars), as soon as the stitches were out. The defendant has lost everything, everything…..and very nearly his life. He is a sixty-two year old grandfather.

Asked on June 28, 2009 under Personal Injury, Ohio

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Once again, although I do not practice law in the State of Ohio, here are my impressions based upon the additional advice that you have provided, which was very helpful.  It sounds as if the attorney may have made some grave errors in the plea sentencing process; moreover, it sounds as if there may have been some flaws in the plea/sentencing process.  Sometimes, in some circumstances, a plea may be appealed, or the convict may file something called a habeas corpus petition, if and when either the lawyer makes mistakes during plea/sentencing and/or if the plea deal is not honored, respectively.  I suggest that you order transcripts of the plea and sentencing, and then hire a different criminal defense attorney to review these transcripts (as well as the evidence that you have discussed) to determine whether a habeas or an appeal (or any other remedies provided by law in these types of situations) are available to remedy this predicament.  Good luck.


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